Bard performance TOS question

[AzizaToinette]

Do I remember right when I think ive read somewhere that we are allowed to play answers and dragonsong now? If yes...where can i read it? I cant find anything on google.
Disclaimer: Let me add that I am manual bard player. I do NOT use any plugins or 3rd party to play my songs. All button inputs during performance is done by myself

[AzizaToinette]

By the term my songs..I dont mean the songs are written by me. They are not..I do not own the right to them. By "my songs" i mean...songs i perform

[ICountFrom0]

When you attempted to unlock performance you checked a box, as a digital signature, that said you would never play any song that you do not own the copyright for.

You do not own the copyright to answers, you do not own the copyright to dragonson.

Due to the contract you signed, you are not allowed to play those.

If you are using a program to perform them instead of yourself, that's also a violation of the ToS.

Course, everybody breaks the ToS in about 5 ways every single day of play. So, this is me basically not caring either.

[AzizaToinette]

But I clearly stated i use no program o.o
I play music manually on a controller.
I unlocked performance before endwalker exsisted.. what I believe I've read somewhere after endwalker is that answers and dragonsong are no longer forbidden songs but fall under the ff14 songs category now.
Can anyone confirm that?

While I was waiting for an answer here in this thread someone pointed me toward a TOS agreement segment i missed that mention bard performance and it said nothing about those songs not being allowed.

[SassyAssassin]

In relation to any functions within the game which allow you to perform virtual musical instruments ("performance actions"), you are strictly prohibited from performing the music of any third parties. You hereby warrant that your performance using the performance actions will not infringe the rights of any third parties and you shall indemnify us in respect of any breach of such warranty. You may record and share your performance of the FINAL FANTASY XIV original score or original songs and/or melodies using the performance actions in accordance with this Agreement. Furthermore, by using the performance actions, you acknowledge and consent to any third party recording and sharing of your performance online. You also hereby agree that we may block or otherwise restrict your access to FFXIV if you do not comply with the terms of the License contained herein.
https://support.eu.square-enix.com/r...la=2&tag=authc

[AzizaToinette]

It doesn't tell me if answers and dragonsong is not considered ff14 or 3rd party x.x

Im not good at abstract repplies. I need a yes or no.

[SannaR]

Are you recording yourself playing them or streaming yourself playing them? I would probably look to see if those two still get people dinged when posted in videos as that will most likely be the answer. Otherwise if you want to stay on the safe side just don't play them. Not that stops people from playing songs not related to the game all day every day.

[Rongway]

It doesn't tell me if answers and dragonsong is not considered ff14 or 3rd party x.x

Im not good at abstract repplies. I need a yes or no.

The Materials Usage License as recently as the 22 Feb 2022 update (Internet Archive 19 Mar 2022) used to say the following:

• In relation to any functions within the game which allow you to perform virtual musical instruments (“performance actions”), you are strictly prohibited from performing the music of any third parties. You hereby warrant that your performance using the performance actions will not infringe the rights of any third parties and you shall indemnify us in respect of any breach of such warranty. You may record and share your performance of the FINAL FANTASY XIV original score excluding the songs entitled “Answers”, “Dragonsong” and “Revolutions” or original songs and/or melodies using the performance actions in accordance with this Agreement. Furthermore, by using the performance actions, you acknowledge and consent to any third party recording and sharing of your performance online. You also hereby agree that we may block or otherwise restrict your access to FFXIV if you do not comply with the terms of the license contained herein.

[...]

Guidelines for Music and Sounds

• You may only use music as it is incorporated in FFXIV;
• When showing gameplay, you may not replace the FFXIV music with third party music;
• You may not play FFXIV music alone (i.e., without accompanying gameplay footage), or with third party materials;
• You may not to stream or distribute the Materials where the primary purpose is to listen to FFXIV’s audio soundtracks.
• You may not use the songs titled "Answers", "Dragonsong", or "Revolutions". You also may not use any arranged or rearranged version of "Answers", "Dragonsong", "Revolutions", "Contention", "Misconception", "Beyond Redemption", or "Nightbloom", "From the Ashes", "Your Answer", or "Answers (Piano Version)".

However, the MUL effective 15 April 2022 (Internet Archive 26 Apr 2022) did not include that prohibition:

• In relation to any functions within the game which allow you to perform virtual musical instruments (“performance actions”), you are strictly prohibited from performing the music of any third parties. You hereby warrant that your performance using the performance actions will not infringe the rights of any third parties and you shall indemnify us in respect of any breach of such warranty. You may record and share your performance of the FINAL FANTASY XIV original score or original songs and/or melodies using the performance actions in accordance with this Agreement. Furthermore, by using the performance actions, you acknowledge and consent to any third party recording and sharing of your performance online. You also hereby agree that we may block or otherwise restrict your access to FFXIV if you do not comply with the terms of the license contained herein.

[...]

Guidelines for Music and Sounds

• You may only use music as it is incorporated in FFXIV;
• When showing gameplay, you may not replace the FFXIV music with third party music;
• You may not play FFXIV music alone (i.e., without accompanying gameplay footage), or with third party materials;
• You may not to stream or distribute the Materials where the primary purpose is to listen to FFXIV’s audio soundtracks.

SassyAssassin's post above quotes the current MUL as I write this post on 12 Dec 2022, which continues to omit the prohibition of using Answers and Dragonsong.


tl;dr: As of the current Media Usage License effective 07 Dec 2022, Answers and Dragonsong are fair game.

[ICountFrom0]

That's one of FOUR places (five including the clickthrough contract when you became a bard) though, so...